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Hourly and Non-Executive, Non-Administrative and Non-Professional Employees - The Maryland Guide to Wage Payment and Employment Standards

Hourly and "hourly-type" employees (who do not fit the definitions of Executive, Administrative or Professional), even though they may receive a salary, generally are entitled to overtime. Some examples of "hourly-type" employees include office clerical workers, landscape laborers, fast-food employees, health care workers not meeting the regulatory definition of "professional" (including most categories of nurses in non-state facilities), dishwashers, construction and factory workers, day care workers, maintenance workers, etc. Where such employees receive a salary, as mentioned above, employers must mathematically compute the average hourly wage rate by dividing hours into salary in order to determine the amount of overtime compensation to be paid at the rate of time and one-half.